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1. The Defendant shall pay to the Plaintiff KRW 130,560,000 and the interest rate of KRW 15% per annum from July 11, 2017 to the date of full payment.
Reasons
Comprehensively taking account of the purport of the entire arguments in Gap evidence Nos. 1 and 2, it can be acknowledged that the steel construction among the construction works of the new neighborhood living facilities located in the north-gu Seoul metropolitan area where the defendant was being supplied and executed, was subcontracted on or around March 27, 2015 and completed all construction works prior to the filing of the instant lawsuit, and that the agreed construction cost constitutes 130,560,000.
Therefore, the defendant shall pay the above contract price to the plaintiff.
In this regard, the defendant asserted that D and the subcontractor, who are the main contractor, obtained approval from the defendant, and the defendant also failed to receive the construction cost, so it is impossible to comply with the plaintiff's request.
It is not clear that the legal meaning of the assertion that the principal contractor D and the Plaintiff had been given the Defendant and the subcontractor.
It can be said that the Plaintiff, a subcontractor, exempted the Defendant’s obligation to pay the subcontract price to the Plaintiff, the subcontractor (the original contractor) while receiving the direct payment of the construction cost from D, and it can be said that the portion should be deducted because D, the main contractor, paid directly to the Defendant, the subcontractor. However, the Defendant’s assertion in this part is not acceptable as there is no evidence to acknowledge the same fact.
In addition, the argument that the Defendant was not paid the construction cost cannot be a justifiable ground for refusing the Plaintiff’s claim (Article 3(3) of the Plaintiff’s submitted document does not accept this as well.
Therefore, the Defendant is at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from July 11, 2017 to the day following the delivery of a copy of the complaint in this case, which is the day of the delivery of a copy of the complaint in this case to the day of full payment.